United States District Court, D. Oregon, Medford Division
OPINION & ORDER
Aiken United States District Judge
matter comes before the Court on separate Motions to Dismiss
filed by Defendant David R. Robinson and Defendant Lisa
Moore. ECF Nos. 50, 52. The Court heard oral argument on both
motions on April 10, 2018. ECF No. 67. For the reasons set
forth below, the motions are GRANTED in part and DENIED in
part. The First Amended Complaint, ECF No. 49, shall be
dismissed with leave to amend.
parties observed at oral argument, this case has a convoluted
history. For the sake of clarity, the Court has divided its
summary of the factual and procedural background into
separate sections dealing in turn with the underlying state
criminal case and then the federal civil rights
The State Court Criminal Conviction and Appeal
The Original Indictment, Conviction, and Sentence
22, 2008, a grand jury issued an indictment against Plaintiff
Daniel Mike Chavez in Klamath County Circuit Court Case No.
0800999CR. Halley Decl. Ex. 1. The indictment alleged the
following seven counts:
1. Felony Attempted Sexual Abuse in the First Degree against
"D.l.d., " committed February 10, 2007. Halley
Decl. Ex. 1, at 1.
2. Felony Attempted Sexual Abuse in the First Degree against
"K.j.t., " committed February 10, 2007.
3. Felony Attempted Sexual Abuse in the First Degree against
"S.f.p., " committed October 1, 2006. Id.
4. Misdemeanor Private Indecency against "K.j.t., "
committed on October 1, 2006. Id. at 2.
5. Misdemeanor Private Indecency against "S.f.p., "
committed on October 1, 2006. Id.
6. Felony Sexual Abuse in the First Degree against
"D.l.d., " committed February 10, 2007. Id. at
7. Felony Sexual Abuse in the First Degree against
"S.f.p., " committed on October 1, 2007.
6 and 7, both alleging Felony Sexual Abuse in the First
Degree, were subsequently dismissed. Halley Decl. Ex. 1, at
March 20, 2009, a jury convicted Chavez of Counts 1, 3, 4,
and 5, but acquitted Chavez on Count 2. Halley Decl. Ex. 2.
On April 28, 2009, Chavez was sentenced to sixty months of
probation for Count 1, eighteen months in prison for Count 3,
with sixty months of post-prison supervision, and thirty days
in jail for Counts 4 and 5. Halley Decl. Ex. 3. Chavez was
also required to register as a sex offender. As part of his
probationary sentence for Count 1, Chavez was ordered to:
Submit to and pay for evaluation by an approved sex offender
program. If deemed eligible, defendant shall enter,
participate in, successfully complete and pay for such
treatment at the direction of the probation officer. The sex
offender program, and the terms of the program, are to be
designated by defendant's probation officer.
Halley Decl. Ex. 3, at 2.
post-prison supervision imposed on Count 3 had a similar
requirement. ORS 144.102(4)(b) requires the parole board or
supervisory authority to impose certain special ...